Deepak Nangia & Ors vs State & Anr
2012 Latest Caselaw 1131 Del

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*   IN THE HIGH COURT OF DELHI AT NEW DELHI

+            CRL.M.C. 408/2012

%            Judgment delivered on:17th February, 2012

      DEEPAK NANGIA & ORS                ..... Petitioners
                  Through : Mr.Anil Kr. Gupta, Adv.

                     versus

      STATE & ANR                                     ..... Respondents
                              Through : Mr.Navin Sharma APP for State
                              with SI Prem Singh, PS-Malviya Nagar.
                              Mr. Diwakar Sharma, Adv. for R-2.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. Notice issued.

2. Ld. APP accepts notice on behalf of the State.

3. Mr. Diwakar Sharma, Adv. accepts notice on behalf of respondent no. 2.

4. With the consent of ld. Counsels for the parties, the instant petition is taken for disposal.

5. Ld. Counsel for the petitioner submits that vide FIR no. 223 dated 06.06.2011, case under Section 498A/406/34 Indian Penal Code, 1860 was registered at PS-Malviya Nagar against the petitioners on the complaint of respondent no. 2.

6. It is further submitted that thereafter vide settlement dated

04.07.2011, respondent no. 2 has settled all the issues qua the aforesaid FIR. Pursuant to the said settlement, First Motion for dissolution of marriage is already over on 10.01.2012. The Second Motion shall be filed after the passing of statutory period.

7. It is further submitted that as per the settlement mentioned above, petitioner no. 1 agreed to pay Rs.5 Lacs to respondent no.2 and the same has been paid. Therefore, she is no more interested to pursue the case further.

8. Respondent no. 2 is personally present in the court with her Counsel Mr. Diwakar Sharma, Adv. SI Prem Singh, IO of the case is also present in the court and has identified her as respondent no. 2.

9. Ld. Counsel for the respondent on instruction has submitted that as per the settlement dated 04.07.2011, respondent no. 2 has received the entire amount and she is no more interested to pursue the case. It is further submitted that First Motion for dissolution of the marriage by mutual consent is already over and the Second Motion will be filed after the passing of Statutory period.

10. On the other hand, Ld. APP for State submits that case is pending for investigation and if this Court is inclined to quash the FIR, heavy costs be imposed upon the petitioners as in this process Govt. machinery has been used and precious time of the court has been consumed.

11. Keeping the settlement dated 04.07.2011 into view and the statement of respondent no. 2 who is no more interested to pursue the case further as she has received the entire settlement amount from the petitioner no. 1, in the interest of justice, FIR no. 223/2011 registered

at PS-Malviya Nagar is hereby quashed.

12. Though I find force in the submission of ld. APP for State, however, keeping the financial position of the petitioners into view, I refrain in imposing cost upon them.

13. Accordingly, Crl. M.C. 408/2012 is allowed.

14. Dasti

SURESH KAIT, J

FEBRUARY 17, 2012 jg